Spouses and Fiancs: Immigration - Assignment Example

Order No: 189705 Topic: Immigration Law Draft Work Prepared by Dr. Zulfiquar Ahmed ID: 10131 07-11-2007 Order No: 189705 Topic: Immigration LawSpouses and fiancés : Immigration The UK authorities did not automatically permit entry for the individual’s spouse - even if the individual was a UK National. The husband of a woman settled in the UK was subject to stricter rules than the wife of a man settled in the UK (although in both cases the rules were not as favourable as is the case under Community Law). The husband or wife, fiancé(e) and any civil partner of proposed civil partner, may apply to come with his/her spouse in the United Kingdom as long as: one partner of any spouses currently live and are settled in the United Kingdom; or one partner of any spouses is returning to the United Kingdom with them to live here permanently and spouses are aged 18 or over. For the qualifying as immigrant of husband, wife or civil partner, he or she must also show that: you are legally married to each other or have registered a civil partnership; Husband or wife is going to live together permanently as man and wife, or as civil partners; husband or wife have met each other; husband or wife can support themselves and any dependants without help from public funds; husband or wife have adequate accommodation where they can live without help from public funds; and he or she is not under 18. If any persons have more than one husband or wife, only one of them will be allowed to join you here as your husband or wife. The husband, wife or civil partner, must get entry clearance before they travel to the United Kingdom. When the husband, wife or civil partner, arrives in the United Kingdom, they will be given permission to stay and work for 2 years. Near the end of the 2 years, if the husband and wife are still married or in a civil partnership and plan to live together, the husband, wife or civil partner, may apply to remain here permanently. Or; in some cases, the Immigrant Office of UK government can grant settlement entry clearance. This gives the husband, wife or civil partner, permission to settle in the UK permanently as soon as he or she arrives. To get settlement entry clearance, the husband or wife must have married or formed a civil partnership four years ago; must have spent that four years living together outside the United Kingdom; and must now be returning to the UK to settle here together. The fiancé(e) or proposed civil partner will be qualified to come to the United Kingdom, when the fiancé(e) or proposed civil partner, must show that: They plan to marry or register a civil partnership within a reasonable time (usually six months); They plan to live together permanently after you are married or have registered a civil partnership; They have met each other; there is somewhere for him or her and any dependants to live until they are married or have registered a civil partnership without help from public funds; and he or she and any dependants can be supported without working or having to get help from public funds. The Government of UK will give the fiancé(e) or proposed civil partner, permission to stay here for six months but they must not work. After they have married or registered a civil partnership, the husband, wife or civil partner, may apply to stay here. If the Government of UK approves the application, the Government of UK will give the husband, wife or civil partner, permission to stay and work for 2 years. Near the end of 2 years, the husband, wife or civil partner, may apply to stay here permanently. Three women sought admission for their husbands and were refused.1 Visitors: Immigration Visitors may be categorized in following ways: Student visitors Admission as visitor (including business visitors). Marriage visitors. Medical visitors. Transit visitors. Domestic Workers with Visitors. Student visitors If any persons are granted permission to enter the UK as a visitor they cannot work in the UK (paid or unpaid).   As a visitor, they can stay in the UK for a maximum of 6 months in any 12 month period. If any person are coming to the UK to study for more than 6 months or if they want to work in the UK, they should apply for a student visa. Under the current Rules, non-visa national short term students enter the UK as visitors or students largely on the basis of what intention they declare to an Immigration Officer on arrival (short term students are those who have been accepted on a course of study of six months duration or less). This change will introduce a new category of student visitor within the visitor rules to provide for short term students who wish to study in the UK but who do not wish to take part-time employment or seek an extension to their student visitor leave. In addition to meeting all the requirements of paragraph 41 of the visitor rules, a student visitor must provide evidence that the course of study is provided by an education institution which is included on the Department for Education and Skills’ Register of Education and Training Providers. A short term student wishing to take part-time employment or extend their stay in the UK will require prior entry clearance as a student.2 But, there are no specific provisions for children under 18 years of age to seek entry to the UK as a new student visitor. After 1 September 2007, any person will not study on a Visitor visa in UK. The remaining changes will take effect on 1 September 2007: The new student visitor category; The consequential changes to the visitor and child visitor provisions; The new mandatory entry clearance requirements for the student and prospective student provisions; and The consequential changes to the in-country switching provisions for students and prospective students. Relatives: Immigration Relatives covers the Parents, grandparents and other dependent relatives of persons present and settled in the United Kingdom. The Immigration Rules say that widowed mothers and widowed fathers aged 65 or over, and parents or grandparents travelling together, one of whom is 65 or over, can come to the United Kingdom. In certain circumstances, sons, daughters, sisters, brothers, uncles and aunts over the age of 18, and also parents and grandparents under 65, may be allowed to come. Who are intended to bring the relatives to the United Kingdom must currently live and be settled in the United Kingdom legally with no time limit on intending person’s stay, and they must be able to show that: they are completely or mainly financially dependent on you; they do not have any other close relatives in their own country who can support them financially; and you have enough money to support and accommodate them without help from public funds. If there are exceptional compassionate circumstances, children over 18, sisters, brothers, aunts, uncles and other parents and grandparents who live alone may come if they meet the requirements set out above. They must get entry clearance before travelling to the United Kingdom. Read More